Is the wife obliged to pay back the money that the husband owes, and is the wife obliged to pay back

Whether the husband owes money and whether the wife has an obligation should be analyzed according to the specific situation. During the subsistence of the marital relationship, debts owed by one party outside the home as long as they are used for family life or for joint investment and business operations of the family shall be regarded as joint debts of the husband and wife, and the husband shall not pay them back now, and the wife shall be obliged to repay them.

If it is a debt owed by the man alone, which is used for personal investment or consumption, it is a personal debt, and the woman has no obligation to repay.

In addition, article 19 of the Marriage Law stipulates that husband and wife may agree that property acquired during marriage and property before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.

The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.

The wife has no obligation to repay the debts owed by the husband before marriage. After marriage, if the money owed by the husband is a huge debt, which obviously exceeds the daily expenses of the family, and there is no signature confirmation or recognition from the wife, the wife does not have to bear the obligation of joint repayment.

Legal analysis: The husband owes money and the wife is obliged to repay, and under normal circumstances, the debts incurred during the marriage are generally regarded as joint debts in the event of divorce and need to be repaid jointly. According to the Civil Code, in the event of divorce, the joint debts of the husband and wife should be repaid jointly.

Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Legal basis: Civil Code of the People's Republic of China

Article 1064:Debts borne by both husband and wife as jointly signed or later recognized by one of the husband and wife, as well as debts incurred by one of the husband and wife in their own name for the daily needs of the family during the period of pure and existing marital relations, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Article 1089:In the event of a divorce, the joint debts of the husband and wife shall be repaid jointly. Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement is not reached, the people's court shall make a judgment.

Legal Analysis: It Depends. If the debts incurred in the name of an individual for the daily needs of the family during the marriage are joint debts of the husband and wife; Debts incurred by one of the spouses in his or her own name during the marriage in excess of the daily needs of the family are not joint debts of the husband and wife, but are also joint property if the creditor can prove it.

In the event of divorce, the joint property of the husband and wife shall be repaid jointly.

Legal basis: Article 1064 of the Civil Code of the People's Republic of China: Debts borne by the husband and wife jointly signed or recognized by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife. Article 1089: In the event of divorce, the joint debts of the husband and wife shall be repaid jointly.

Where the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement; If the agreement fails, the people's court shall make a judgment on the type of arrest and search.

Legal analysis: First of all, it is necessary to find out the use of the money owed, if it is used for the common life of the husband and wife or the family, it is a joint debt of the husband and wife, and there is an obligation to repay; If it can be proved that the debt is indeed the debt of the husband alone, the wife is not obliged to pay it.

Legal basis: Article 1064 of the Civil Code: Debts borne by the husband and wife in the joint signature of the husband and wife or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife. Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

The wife is obligated to repay the debts of the husband in certain circumstances. If it is used for the common life of the husband and wife or the family, it is considered a joint debt of the husband and wife, and there is an obligation to repay; If the debt can be proved but the husband is a debt, the creditor can refuse to repay the money; If money is borrowed for gambling, national law does not protect such claims and debts. If it is used for the common life of the husband and wife or the family, it is considered a joint debt of the husband and wife, and there is an obligation to repay;

[Legal basis].Civil Code of the People's Republic of China Article 1064 Debts incurred by both husband and wife in the joint signature of the husband and wife or by one of the husband and wife in the subsequent recognition of the common expression of intent, as well as debts incurred by one of the husband and wife in their own name during the existence of the marital relationship for the daily needs of the family, are joint debts of the husband and wife.

Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.

Legal analysis

The wife is obligated to repay the debts of the husband in certain circumstances. If it is used for the common life of the husband and wife or the family, it is considered a joint debt of the husband and wife, and there is an obligation to repay; If the debt can be proved but the husband is a debt, the creditor can refuse to repay the money; If money is borrowed for gambling, national law does not protect such claims and debts.

[Legal basis].

Provisions on Several Issues Concerning the Application of Law in the Trial of Private Lending Cases

Article 1 The term "private lending" as used in these Provisions refers to the act of financing between natural persons, legal persons and unincorporated organizations. These Provisions shall not apply to disputes arising from the issuance of loans and other related financial services of financial institutions and their branches established with the approval of the financial regulatory authorities.

Article 2 When a lender initiates a private lending lawsuit with the people's court, it shall provide proof of creditor's rights such as IOUs, receipts, and IOUs, as well as other evidence that can prove the existence of a legal relationship between loans. Where the creditor's rights vouchers such as IOUs, receipts, and IOUs held by the parties do not indicate the creditor, and the parties holding the creditor's rights vouchers file a private lending lawsuit, the people's court shall accept it. Where the defendant raises a factual defense against the plaintiff's creditor qualifications, and the people's court finds that the plaintiff does not have the creditor qualifications upon review, it rules to dismiss the lawsuit.

Article 24: Where the borrower and the borrower have not agreed on interest, and the lender claims to pay interest, the People's Law Banquet House will not support it. Where the agreement on interest in loans between natural persons is unclear, and the lender claims to pay interest, the people's court will not support it. Except for loans between natural persons, where the agreement between the borrower and the lender on the loan interest is unclear, and the lender claims the interest, the people's court shall determine the interest based on the content of the private loan contract and on the basis of factors such as the local or the parties' transaction methods, trading habits, and market interest rates.

Article 25 Where the lender requests the borrower to pay interest in accordance with the interest rate agreed in the contract, the people's court shall support it, except where the interest rate agreed upon by both parties exceeds four times the one-year loan market interest rate at the time the contract is concluded. The "one-year loan market ** interest rate" mentioned in the preceding paragraph refers to the one-year loan market ** interest rate concession authorized by the People's Bank of China to be released monthly by the National Interbank Lending Center from August 20, 2019.

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Debts incurred during the marriage are joint debts (unless there is a special prior written agreement), and the creditor may file a lawsuit against the couple to assert the creditor's rights. Even if the husband and wife divorce, this debt needs to be repaid by both parties together. It is possible to stipulate that one party bears the debt, but this agreement cannot oppose the legitimate rights and interests of a third party.

The creditor can still ask both parties to the divorce to repay the debt together.